Rights for Fathers Paying Child Support

Custody Rights

• A father has equal rights to primary custody. Custody is not always "automatically" awarded to the mother. If there is a custody battle, the court must compare certain requirements, such as which parent spends more time with the child, which parent usually takes the child to the doctor, which parent is most likely to not hinder visitation and communication with the other parent, the parent's living space and other provisions for the child by each parent.

Visitation Rights

• If a father is not awarded primary custody of the child, he is awarded secondary custody and has the right to see his child and to be a part of the child's life including decision-making for education and religion. If the parents cannot agree on a fair visitation schedule, the court will create a schedule (often as part of a parenting plan). A common visitation schedule includes every other weekend (from Friday night to Sunday evening), an over night or at least four hours once during the middle of the week (every week) and rotating holidays and vacations.

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